GARLAND, Circuit Judge:
This is an appeal from the denial of the petition of Moath Hamza Ahmed Al Alwi — a detainee at the United States Naval Base at Guantanamo Bay, Cuba — for a writ of habeas corpus. For the reasons stated below, we affirm the judgment of the district court.
Al Alwi is a Yemeni citizen who was raised in Saudi Arabia. According to the government, he traveled to Afghanistan sometime in or around 2000, intending to join the Taliban's fight against the Northern Alliance. By the government's account, Al Alwi stayed in several guesthouses associated with the Taliban, and in at least one that was associated with al Qaeda where he turned over his passport. Taliban fighters escorted him between two of
In 2005, Al Alwi — through his cousin as next friend — filed a petition for a writ of habeas corpus, which was held in abeyance until the Supreme Court ruled, in Boumediene v. Bush, that "the constitutional privilege of habeas corpus" extends to aliens detained as enemy combatants at Guantanamo. 553 U.S. 723, 732, 128 S.Ct. 2229, 171 L.Ed.2d 41 (2008). In the meantime, pursuant to the Detainee Treatment Act of 2005 (DTA), Pub.L. No. 109-148, tit. X, 119 Stat. 2680 (codified at 28 U.S.C. § 2241 (2005)), Al Alwi filed an appeal from the determination of his Combatant Status Review Tribunal (CSRT) that he was an enemy combatant, an appeal that was subsequently dismissed for lack of jurisdiction.
Following the hearing, the district court found that a preponderance of the evidence supported the government's account of Al Alwi's activities in Afghanistan. Dist. Ct. Op. at 4, 6, 10 (Jan. 9, 2009) (J.A. 1797, 1799, 1803).
Al Alwi challenges, on two grounds, the district court's substantive determination that he was being lawfully detained. First, he contends that the court applied the wrong detention standard. Second, he maintains that the court erred in resting its determination primarily on his own statements because those statements were not sufficiently corroborated. "We review the district court's findings of fact for clear error, its habeas determination de novo, and any challenged evidentiary rulings for abuse of discretion." Al-Bihani v. Obama, 590 F.3d 866, 870 (D.C.Cir.2010) (internal citations omitted); see Bensayah v. Obama, 610 F.3d 718, 722-23 (D.C.Cir. 2010).
Following the al Qaeda attacks against the United States on September 11, 2001, Congress passed the Authorization for Use of Military Force (AUMF).
Al Alwi v. Bush, 593 F.Supp.2d 24, 27 (D.D.C.2008). After examining the evidence, the court found that "it is more probable than not that petitioner was supporting the Taliban and al Qaeda in a manner consistent with the [detention standard] this court has adopted." Dist. Ct. Op. at 9-10 (J.A. 1802-03); see Al Odah v. United States, 611 F.3d 8, 13 (D.C.Cir.2010) ("It is now well-settled law that a preponderance of the evidence standard is constitutional in considering a habeas petition from an individual detained pursuant to authority granted by the AUMF.").
Subsequent to the district court's decision, the government adopted a narrower detention standard, which it has relied on in this and other Guantanamo appeals. See, e.g., Bensayah, 610 F.3d at 722 n. *; Barhoumi v. Obama, 609 F.3d 416, 423 (D.C.Cir.2010); Al-Bihani, 590 F.3d at 870 n. 1. The new standard retains the original "part of" prong of the former standard, but modifies the "support" prong to require "substantial" support. Under this standard, the government may detain an individual who, more likely than not:
As we have explained, "whether a detainee's alleged conduct — e.g., visiting an al-Qaida guesthouse or training at an al-Qaida camp — justifies his detention under the AUMF is a legal question" that we review de novo. Barhoumi, 609 F.3d at 423; see Almerfedi v. Obama, ___ F.3d ___, ___ (D.C.Cir.2011); Uthman v. Obama, 637 F.3d 400, 403 (D.C.Cir.2011).
Nor need we consider whether the detainee "substantially supported" al Qaeda or the Taliban if we are persuaded that he was "part of" either entity. As this court has now repeatedly held, the AUMF "gives the United States government the authority to detain a person who is found to have been `part of' al Qaeda or Taliban forces." Al Odah, 611 F.3d at 10; see Awad v. Obama, 608 F.3d 1, 11-12 (D.C.Cir.2010); Al-Adahi, 613 F.3d at 1103; see also Esmail v. Obama, 639 F.3d 1075, 1076 (D.C.Cir.2011) (noting that we review de novo whether the detainee satisfies the "part of" standard). Hence, if we conclude that the record establishes that it is more likely than not that Al Alwi was "part of" al Qaeda or the Taliban, there is no need for us to address the "substantial support" prong of the detention standard or to remand the case. See Uthman, 637 F.3d at 402 (concluding "that the facts found by the District Court, along with uncontested facts in the record, demonstrate that [the detainee] more likely than not was part of al Qaeda," and therefore reversing the contrary judgment of that court without requiring a hearing on remand); Al-Adahi, 613 F.3d at 1106 (reversing and remanding with instructions to deny the detainee's petition because the evidence showed that the detainee "was — at the very least — more likely than not a
Here, the facts found by the district court are alone sufficient for us to conclude that Al Alwi was "`part of' al Qaeda or Taliban forces."
The court further found that, after Al Alwi left the third, Taliban-linked guesthouse in Kabul, he traveled in a Taliban vehicle to a "Taliban-related" training camp known as the Khalid Center. Dist. Ct. Op. at 6, 8 (J.A. 1799, 1801). There, he received at least one day's training on a rocket-propelled grenade launcher (RPG), fired an RPG, and received a Kalashnikov rifle, ammunition magazines, and grenades. Id. at 6 (J.A. 1799). He then joined a combat unit, the Omar Sayef Group, that fought the Northern Alliance and related forces on two fronts. Id. at 6-7 (J.A. 1799-1800). While with that unit, Al Alwi fought under the leadership of an Iraqi named Abdal-Hadi, a high-level al Qaeda member responsible for commanding Arab and Taliban troops in Kabul. Id. at 8 (J.A. 1801). The court found that Al Alwi was assigned to a "middle line" or secondary (defensive) position at a front north of Kabul, where he remained for five to six months, during which time "he was subject to several artillery attacks and saw other fighters die." Id. at 6-7 (J.A. 1799-1800). Upon orders from the head of the unit, he then moved to a second front in the far north of Afghanistan, near the Tajikistan border, for the "express purpose of repelling enemy forces." Id. at 7-8 (J.A. 1800-01). There, he spent another three to five months, during which time the fighters he was with exchanged fire with Tajiks. Id. at 7 (J.A. 1800).
Finally, the court found that Al Alwi was with Taliban forces that were attacked by United States warplanes after September 11, 2001, "and stayed with his Taliban unit for a period of time thereafter." Dist. Ct. Op. at 9 (J.A. 1802). "[M]ost of the people with whom [he] served in northern Afghanistan were killed by U.S. bombs following the commencement of Operation Enduring Freedom," and he saw two or three American bombing operations before he moved south to Kabul and later to Khowst with others in his fighting unit. Id. It was only in Khowst that he returned his weapons, before fleeing Afghanistan for Pakistan, where he was captured and turned over to U.S. authorities. Id.
Taking all of these findings together, the district court concluded that "it is more probable than not that petitioner was supporting the Taliban and al Qaeda." Dist.
Al Alwi contends that, even if the district court's fact-findings are sufficient to satisfy the appropriate detention standard, the court's judgment should nonetheless be vacated because those findings erroneously rested on statements by Al Alwi that were insufficiently corroborated. In support of this proposition, he cites the "corroboration rule," applicable in federal
This court has expressed some skepticism as to whether "the Supreme Court would today" apply the corroboration rule, even in the criminal context. Dickerson, 163 F.3d at 641 n. 2. Be that as it may, the district court's determination here was made in a habeas proceeding, not a criminal trial, and such proceedings are not "subject to all the protections given to defendants in criminal prosecutions." Al-Adahi, 613 F.3d at 1111 n. 6; see Boumediene, 553 U.S. at 783, 128 S.Ct. 2229; Al-Bihani, 590 F.3d at 876. Rather, what "[t]he habeas court must have" is "sufficient authority to conduct a meaningful review of both the cause for detention and the Executive's power to detain." Boumediene, 553 U.S. at 783, 128 S.Ct. 2229. The corroboration rule is a "common law" rule, with neither constitutional nor statutory bases, Dickerson, 163 F.3d at 641; see Smith, 348 U.S. at 153, 75 S.Ct. 194, and we have not previously regarded corroboration as a requirement of a meaningful habeas proceeding. To the contrary, we have recently upheld a detainee's detention based on "evidence [that] consist[ed] almost entirely of [the detainee's] own testimony." Al-Madhwani, 642 F.3d at 1074; see also Al-Bihani, 590 F.3d at 870 (upholding detention where the evidence was "primarily drawn from [the detainee's] own admissions during interrogation").
At oral argument, Al Alwi's counsel acknowledged the force of this general argument, and clarified that he was not advocating the per se application of the common law rule. Oral Arg. Tr. 11-13. Rather, he contended that the court must take the absence of corroboration into account in assessing the reliability of the petitioner's out-of-court statements. Id. at 13. We agree with this contention because it is in line with our own precedents, which have explained that "the question a habeas court must ask when presented with hearsay is not whether it is admissible[,]... but what probative weight to ascribe to whatever indicia of reliability it exhibits." Al-Bihani, 590 F.3d at 879. The question whether evidence is sufficiently reliable to credit is one we review for clear error. See Barhoumi, 609 F.3d at 424; Awad, 608 F.3d at 8. But cf. Al Odah, 611 F.3d at 13-14 (concluding that a district court's decision that certain hearsay evidence was reliable "was no abuse of discretion").
In this case, the district court did evaluate the reliability of Al Alwi's statements before accepting them. The court noted that its duty was to "assess whether petitioner's interrogation reports are `sufficiently reliable and sufficiently probative to demonstrate the truth of the asserted proposition with the requisite degree of certainty.'" Dist. Ct. Op. at 2 (J.A. 1795) (quoting Parhat v. Gates, 532 F.3d 834, 847 (D.C.Cir.2008)). It then gave several reasons for finding the statements reliable. The court found that, from the time his "fear of retribution dissipated," Al Alwi "consistently reported the essential details of [his] story ... over the course of multiple interrogation sessions." Id. at 3 (J.A. 1796). Although Al Alwi "made generalized allegations that he was subject to" harsh interrogation tactics, he did "not contend that he gave false answers during any particular interrogation session with U.S. officials as a result of these alleged tactics." Id. Indeed, although Al Alwi "disagree[d] with many of the inferences
We find neither clear error nor abuse of discretion in the district court's determination that Al Alwi's statements were reliable. In addition to the consistency of Al Alwi's repeated statements, we note, as the court stressed, that Al Alwi did not deny — either at the hearing or in his pre-hearing filings — that "the majority of the principal facts" in his interrogation statements were true. Dist. Ct. Op at 3 (J.A. 1796). Moreover, at the habeas hearing, his attorney expressly conceded or did not disavow several of those facts. See, e.g., Hr'g Tr. 10 (Dec. 16, 2008) (J.A. 1457) (conceding that Al Alwi traveled to Afghanistan to fight against the opponents of the Taliban in the Afghan civil war); Amended Traverse at 4 (J.A. 940) (same); Hr'g Tr. 75-78 (Dec. 16, 2008) (J.A. 1608-11) (stating that Al Alwi "doesn't disavow the Omar Sayef Group part of the narrative"); id. at 111-12 (J.A. 1644-45) (stating that "I don't think he denies that he was issued" a Kalashnikov rifle, four magazines, and two grenades). As we have said before, a detainee's decision to "not contest the truth of the majority of his admissions upon which the district court relied ... enhanc[es] the reliability of those reports." Al-Bihani, 590 F.3d at 880; see Esmail, 639 F.3d at 1077 (affirming detention based on the petitioner's concessions and the district court's rejection of his exculpatory explanations).
Finally, we note that, although the district court did largely rely on Al Alwi's own statements to establish underlying facts, it also relied on government evidence to support important inferences from those facts. For example, while Al Alwi stated that he stayed in a particular Kandahar guesthouse for approximately six weeks, it was a government expert's declaration that identified that guesthouse as having strong connections to al Qaeda. Dist. Ct. Op. at 4 (J.A. 1797). That inference, in turn, was "reinforced by petitioner's [statement that] he recognized the assistant to the guesthouse's leader ... in a photograph with Usama Bin Laden." Id. Similarly, while Al Alwi admitted that he turned over his passport to the guesthouse's leader and never retrieved it, it was another expert declaration that identified this conduct as consistent with common practice by Taliban and al Qaeda recruits. Id. at 5 (J.A. 1798).
For the foregoing reasons, we reject Al Alwi's contention that the district court's findings of fact are clearly erroneous. And because, as explained in Part II.A, those findings are enough to establish that Al Alwi was "part of the Taliban or al Qaeda," we reject the petitioner's contention that the record before the district court was insufficient to establish the lawfulness of his detention.
In addition to his challenge to the district court's substantive determinations, Al Alwi contends that the court committed procedural errors that deprived him of the "meaningful opportunity to demonstrate that he is being held" unlawfully that Boumediene requires. 553 U.S. at 779, 128 S.Ct. 2229. We review the challenged decisions — the court's denial of Al Alwi's request for a continuance and its treatment of his discovery requests — for abuse of discretion. See United States v. Celis, 608 F.3d 818, 839 (D.C.Cir.2010) (denial of a continuance); Al Odah v. United States, 559 F.3d 539, 544 (D.C.Cir.2009) (denial of discovery).
Al Alwi contends that the district court abused its discretion in denying his request
Al Alwi's counsel had scheduled a meeting to go over the government's factual return with Al Alwi during the week of October 6, 2008, in Guantanamo. After the court granted the government a continuance to file the return by October 22, counsel scheduled additional meetings for November 14 and 15. When the attorneys arrived, Al Alwi informed them that he had begun a hunger strike. Although he was able to meet with the lawyers the first day, he was unable to continue on the second. When counsel returned from Guantanamo, they requested a thirty-day continuance of the deadline for filing the traverse. They explained that they had not had sufficient opportunity to discuss the government's allegations due to Al Alwi's inability to meet on November 15, see Pet'r Unopposed Mot. for Extension of Time at 5 (J.A. 796), and that they had begun making arrangements to meet with him instead on the next available date, December 5, see id. at 6 (J.A. 797).
Although the government did not oppose counsel's request for a continuance, the district court nonetheless denied it, stating, in part, that Al Alwi was the "author of his own delay" because he had chosen to go on the hunger strike that left him unable to meet on November 15. Status Hr'g Tr. 9 (Dec. 1, 2008) (J.A. 846). The district court did, however, indicate that counsel could seek leave to amend the traverse if new information came to light in the later meetings with Al Alwi that by then had been scheduled for December 5 and 6. Id.
Al Alwi contends that the denial of his motion for a continuance was an abuse of discretion. He points out that the "requested delay was trivial," that he "had not sought other continuances," and that "on the contrary, [he] had consistently pressed forward." Pet'r Br. 31. He also notes that the court had granted the government a continuance to prepare its own return, and that the government did not object to the grant of a similar continuance for his traverse. Under these circumstances, we agree with Al Alwi that the denial of the thirty-day continuance is hard to understand. There was certainly no magic in the court's self-imposed deadline of hearing the case before December 31, 2008. In Boumediene, the Supreme Court declared that "the detainees ... are entitled to a prompt habeas corpus hearing." 553 U.S. at 795, 128 S.Ct. 2229. This was indeed a call to act, but it was not a call to act in haste.
1. First, we agree with the government that, although the court denied Al Alwi's request for a continuance before filing a traverse, it effectively provided the same relief by granting his attorneys leave to file an amended traverse after they subsequently met with their client. As noted above, counsel's request had explained that they lacked sufficient opportunity to discuss the government's allegations due to Al Alwi's inability to meet on November 15, and they sought a thirty-day continuance so that they could instead meet with him on the next available date, December 5. See Pet'r Unopposed Mot. for Extension of Time at 5-6 (J.A. 796-97). After the continuance was denied and the traverse filed, counsel did meet with Al Alwi on both December 5 and 6. Thereafter, on December 12, counsel filed an amended traverse, the content of which the court considered at the habeas hearing on December 16-17. It is therefore hard to conclude that the appellant was prejudiced when he essentially obtained the relief he had sought.
On appeal, Al Alwi argues that the grant of leave to file an amended traverse was not sufficient because, when the district court initially advised counsel that they could seek leave to amend, the court instructed them that any amendment to the traverse "should be narrow and limited only to what has been learned as a result of your meeting with your client in the next few days," and that it should not "launch into a new line of defense." Reply Br. 4 (quoting Status Hr'g Tr. 6 (Dec. 1, 2008) (J.A. 843)). After the court gave that instruction, however, Al Alwi's attorney explained his concern that the instruction was too restrictive, and the court clarified that it meant only that counsel should not "be coming in with a supplement that relates to things unrelated to your discussions with him." Id. (J.A. 846). And after counsel met with their client in December and filed the amended traverse, they neither renewed the motion for a continuance nor expressed concern that the court's instruction had caused them to leave anything out of the amended document.
2. Second, it is not completely accurate to suggest, as Al Alwi does, that without the continuance his counsel had less than six weeks to develop an attorney-client relationship and prepare a response to the charges against him. It is true that Al Alwi's counsel did not receive the government's factual return until October 22, 2008, and did not receive an unclassified version until November 5. But the vast majority of the allegations and evidence contained in that return had already been released in connection with Al Alwi's 2007 DTA appeal, in which he was represented by the same counsel who handled his habeas hearing.
Al Alwi's counsel, from the law firm of Clifford Chance, LLP, began representing him in 2005, when they first filed his habeas petition. They were not court-appointed, but rather were retained on Al Alwi's behalf by his cousin. In June 2007, counsel filed Al Alwi's appeal under the DTA, and on August 24, 2007, they received the unclassified version of the CSRT record. See Status Report, July 18, 2008 (J.A. 137).
In August 2008, the government provided Al Alwi's counsel with the classified version of the CSRT materials. That record contained virtually all of the facts the district court ultimately found sufficient to justify his detention. It included several of Al Alwi's interrogation reports as well. Together, those reports provided virtually all of the content of Al Alwi's statements upon which the district court relied, including detailed accounts of: his journey to Afghanistan; his guesthouse stays; his turning over and failing to retrieve his passport at the Kandahar guesthouse; his training and arming at the Khalid Center; his military activities with the Omar Sayef Group; his belief that the group was led by Abdal-Hadi; and his witnessing of U.S. aerial bombings while part of that combat unit. See CSRT Record: Criminal Investigative Task Force Report of Investigative Activity, Interview of Muah Hamzah Ahmed Khader Al Alwi (Apr. 14, 2003) (J.A. 1084-86); CSRT Record: Memorandum for Record, Interview of Mu'az Hamza Ahmad (Al Alwi) (May 03, 2003) (J.A. 1113-20).
A protective order permitting attorney-client communication with respect to the CSRT materials was entered in September 2007. Thus, Al Alwi's counsel had approximately fourteen months to review the core allegations disclosed in the unclassified CSRT materials before the traverse was due on December 4, 2008. Al Alwi had four meetings with his attorneys during this time: on May 19, August 11, October 6, and November 14, 2008. See Decl. of James M. Hosking (Dec. 5, 2008) (J.A. 1230); Pet'r Unopposed Mot. for Extension of Time at 2-3 (J.A. 793-94). And, as noted above, he had two additional attorney-client meetings after he filed the traverse — on December 5 and 6, 2008 — which provided the basis for the amended traverse that he filed prior to his habeas hearing. See Decl. of Omar A. Farah (Dec. 12, 2008) (J.A. 1444).
Al Alwi correctly observes that the DTA/CSRT process was substantially more limited than habeas proceedings. The point about the CSRT materials, however, is not that they contained all that the detainee might say in response to the charges against him, but that (at least in this case) they contained virtually all of the
3. Finally, we do not underestimate the difficulty that counsel have in developing rapport with clients detained at Guantanamo Bay. Nor do we doubt that more time spent with a client can improve case preparation.
Accordingly, the question before us is whether another thirty days — not another six months or a year or longer — would have affected the outcome of Al Alwi's habeas hearing. Cf. United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). Given the time Al Alwi's attorneys had after their receipt of the CSRT record, the district court's grant of leave to file an amended traverse, and the absence of any subsequent request for additional time or discovery,
Al Alwi's final argument is that the district court abused its discretion in its management of the discovery process.
1. Al Alwi contends, first, that "remand is required to determine whether the government produced relevant exculpatory evidence." Pet'r Br. 44. He does not argue that the government did fail to produce such evidence, only that it may have done so.
The district court adopted a Case Management Order (CMO) that required the government to "provide on an ongoing basis any evidence contained in the material [it] reviewed in developing the return for the petitioner, and in preparation for the hearing for the petitioner, that tends materially to undermine the Government's theory as to the lawfulness of the petitioner's detention." CMO at 2, Al Alwi v. Bush, No. 05-2223 (D.D.C. Oct. 31, 2008) (J.A. 342). Al Alwi notes that, in Bensayah v. Obama, we subsequently interpreted the same CMO as requiring that any exculpatory "material reviewed in developing the return" must be disclosed, "even if the individual doing the filtering works for a Government agency other than the Department of Justice." 610 F.3d at 724. And he fears that the government did not comply with that understanding in this case: i.e., that it only produced exculpatory evidence that Justice Department attorneys saw in the course of preparing the government's return, but not evidence that employees of other agencies saw.
To justify his concern, Al Alwi cites what he regards as ambiguous remarks made by the district court and the government during the habeas proceedings. As Al Alwi observes, the court told the government that it was required to "produce any exculpatory evidence that they saw in the course of reviewing the documents that they reviewed to prepare the return," while the government responded that, "pursuant to [the CMO] we produced any and all information that may materially undermine" the government's case. Status Hr'g Tr. 31-32 (Dec. 1, 2008) (emphases added) (J.A. 868-69). However, "[n]owhere was it stated," Al Alwi points out, "whether `they' or `we' included any government agency employee, or solely the Department of Justice lawyers assigned to the case." Pet'r Br. 45.
If there was ambiguity in these statements, however, it was not because the court or the government failed to respond to Al Alwi's concerns, but because he did not express them as precisely as he does on appeal. Al Alwi's counsel told the court, using the same pronoun to which his counsel now objects, that Al Alwi was entitled to all documents that would put the credibility of a witness in doubt, and that the government "cannot simply say that we didn't look at that." Status Hr'g Tr. 62 (Dec. 1, 2008) (emphasis added) (J.A. 899). The government attorney did not disagree. "[L]et me make clear," he said, that "we have produced all evidence that we are aware of, that we became aware of in the process of our putting together this return, that may relate in any way to the credibility of a witness being in question." Id. at 62-63 (J.A. 899-900). It was not the case, he continued, that the government had turned a "willfully blind eye" to potentially exculpatory material. Id. at 64 (J.A. 901).
It may be that this court's subsequent opinion in Bensayah has sharpened the
2. In addition to requiring the government to provide exculpatory information, the district court's CMO permitted the detainee to request additional discovery "for good cause shown." To obtain additional discovery, the request had to:
CMO at 2 (J.A. 342). Pursuant to this provision, Al Alwi filed a number of additional requests, all but one of which the district court denied. The court denied those requests on the ground that Al Alwi had failed to satisfy the four predicate conditions of the CMO. Al Alwi now contends that the denial constituted an abuse of discretion, principally on the ground that the court should not have required him to satisfy any burden before ordering production of several categories of information.
In Boumediene, the Supreme Court made clear that "[h]abeas corpus proceedings need not resemble a criminal trial." 553 U.S. at 783, 128 S.Ct. 2229; see Al-Adahi, 613 F.3d at 1111 n. 6; Al-Bihani, 590 F.3d at 876. Rather, the touchstone is that they must provide a "meaningful opportunity to demonstrate that [the detainee] is being held pursuant to `the erroneous application or interpretation' of relevant law." Boumediene, 553 U.S. at 779, 128 S.Ct. 2229 (quoting INS v. St. Cyr, 533 U.S. 289, 302, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001)). In Bensayah, this court expressly held that the same CMO was consistent with Boumediene's requirements, and that "the district court did not abuse its discretion in structuring discovery" so as to place the burden of establishing the CMO's predicates on the detainee. Bensayah, 610 F.3d at 724; see also Al-Madhwani, 642 F.3d at 1077 (affirming district court's denial of a detainee's additional discovery request because it "did not establish the conditions required under the CMO for further discovery").
Nor did the district court abuse its discretion in the manner in which it applied the CMO. The government represented that it had produced all evidence that it used in preparing its factual return and "that may inform the court with respect
In light of these circumstances, we find no abuse of discretion in the district court's refusal to issue further discovery orders without a showing that there was a basis for believing that the requests satisfied the CMO's predicate conditions.
For the foregoing reasons, the district court's denial of Al Alwi's petition for a writ of habeas corpus is
Affirmed.
Pub.L. No. 107-40, § 2(a), 115 Stat. 224 (2001) (reprinted at 50 U.S.C. § 1541 note).